Construction Lien Claim - Nebraska

CONSTRUCTION LIEN CLAIM

(Nebraska)

Deadline and scope warning: A claimant must record the lien after entering the improvement contract and no later than 120 days after final furnishing. Public real estate is excluded. A protected residential owner changes notice and lien-amount rules. Recording is not enforcement: the ordinary foreclosure period is 2 years after recording, but a proper written demand may reduce the response period to 30 days. Counsel must calculate each date and amount before recording.

ELIGIBILITY AND DEADLINE GATE

I. DOCUMENT HEADER

1. Claimant Name and Address: [CLAIMANT LEGAL NAME AND ADDRESS].
2. Person with Whom Claimant Contracted — Name and Address: [NAME AND ADDRESS].
3. Person Against Whose Interest the Lien Is Claimed: [NAME].
4. Contracting Owner / Record Holder, if Different: [NAME AND ADDRESS].
5. Project Name: [PROJECT NAME].
6. Real Estate Subject to Lien: [STREET ADDRESS, CITY, NE ZIP].
7. Legal Description Sufficient for Identification: [LEGAL DESCRIPTION] (attach Exhibit A if needed).
8. County: [COUNTY], Nebraska.
9. Contract Price for the Described Services or Materials: $[AMOUNT / GOOD-FAITH ESTIMATE LABELLED AS ESTIMATE].
10. Amount Unpaid, Whether or Not Due: $[AMOUNT / GOOD-FAITH ESTIMATE LABELLED AS ESTIMATE].
11. First Furnishing Date: [DATE].
12. Last Furnishing Date or Good-Faith Estimated Last Date: [DATE / ESTIMATE].

II. CLAIM OF LIEN

Claimant states that it furnished the services or materials described below under a real estate improvement contract for improvement of the identified real estate. Claimant records this lien to secure the contract-price amount permitted by the Nebraska Construction Lien Act. The unpaid amount, whether or not presently due, is $[AMOUNT], after credits and offsets.

III. DESCRIPTION OF WORK

General description of labor/materials:

• [DESCRIPTION OF WORK OR MATERIALS]
• [DESCRIPTION OF WORK OR MATERIALS]

IV. BASIS FOR LIEN

☐ Prime contract with the contracting owner
☐ Contract through prime contractor: [NAME]
☐ Contract through another claimant: [NAME AND CONTRACT CHAIN]
☐ Materials claim—§ 52-134 intent, use/incorporation, fabrication, or equipment conditions documented
☐ Other qualifying basis reviewed by counsel: [OTHER]

Lien Amount Calculation

☐ Prime contractor: unpaid portion of the prime contract price under § 52-136(1)(a).

☐ Other claimant; owner is not a protected party: unpaid amount under Claimant’s contract, subject to § 52-136.

☐ Other claimant; protected-party owner: lesser-of and owner-liability calculations under § 52-136(2)-(5) attached as Exhibit B.

☐ Reductions for liens of claimants claiming through this Claimant and any required apportionment have been calculated.

V. RECORDING, NOTICE, AND ENFORCEMENT RECORD

1. Optional Notice of Right to Assert Lien under § 52-135(1) (protected-party matters only): ☐ Not applicable ☐ Not given ☐ Given [DATE]; proof attached as Exhibit C.
2. Request for Notice of Termination under § 52-135(2) (protected-party matters only): ☐ Not made ☐ Included ☐ Separately sent [DATE].
3. Claim Recording: Register of Deeds for [COUNTY]; date [DATE]; instrument / record location [REFERENCE].
4. Copy of Recorded Lien to Protected-Party Contracting Owner: ☐ Not applicable ☐ Sent within 10 days after recording on [DATE]; proof attached.
5. Foreclosure: Ordinary two-year deadline [DATE]. A written § 52-140(2) demand requires a judicial proceeding within 30 days after receipt or a recorded affidavit that the total contract price is not yet due.
6. Post-Payment Release: A signed record-claimant release referring to this lien’s record location will be recorded when required; bad-faith refusal may support relief under § 52-157.

VI. CLAIMANT SIGNATURE

The Claimant signs this lien under Neb. Rev. Stat. § 52-147. That section requires the recorded lien to be signed but does not itself require an oath or acknowledgment. Do not add a perjury declaration or notary block unless counsel confirms a separate requirement or lawful recording practice for this filing.

Signature: ________________________________

Printed Name: [NAME]

Date: [DATE]

EXHIBITS

• Exhibit A: Legal description
• Exhibit B: Contract-price, unpaid-amount, protected-party, and apportionment calculation
• Exhibit C: Notice and service records, if applicable
• Exhibit D: Contract, invoices, change orders, credits, furnishing records, and lien search

SOURCES AND REFERENCES

• Nebraska Legislature, Neb. Rev. Stat. §§ 52-125 to 52-135
• Nebraska Legislature, Neb. Rev. Stat. §§ 52-136 to 52-145
• Nebraska Legislature, Neb. Rev. Stat. §§ 52-146 to 52-159